01

Work & family

02 Consultation
& cooperation
in the workplace
03 Use of individual
flexibility arrangements
04 A guide for young
workers
05 An employer’s
guide to employing
young workers
06 Gender pay equity
Best Practice Guide 07 Small business
& the Fair Work Act

A guide for young workers 08 Workplace privacy

09 Managing
underperformance
10 Effective dispute
resolution
11 Improving workplace
productivity in
bargaining
12 Parental leave

A best practice guide for young workers
Looking for your first job or a new job? This can be
an exciting time.
To help ensure you get a proper deal when you start
your job, it is important to find out about your rights
and entitlements and what responsibilities you may
have in the workplace.
There is also a checklist and some helpful hints at the end
of this guide.
This guide illustrates what best practice is when it
comes to getting your first job. For specific information
regarding your minimum legal entitlements and
obligations, contact the organisations listed under the
‘For more information’ section at the end of this guide.

This Best Practice Guide explains:

things you need to know about your
employment conditions
things you need to know before you start work
things you need to know when you start work
what protections you have against harassment
and discrimination
Am I allowed to work?
Some state and territory governments have minimum
age restrictions about when you can get a job and
when you are allowed to work. To find out whether any
restrictions apply to you, contact the relevant government
department in your state or territory. You can find their
contact details under the ‘For more information’ section
at the end of this guide.

union membership, and

the importance of workplace health and safety.

Fair Work Ombudsman1


What are my employment conditions?
When you accept a job you will agree to work for your
employer under certain terms and conditions. Generally,
those terms and conditions will be set out verbally, in
a letter of offer, or instrument such as an enterprise
agreement or an award. While there are a number of
documents that can set out the terms and conditions
of your employment, most of them are likely to be set
out in an award or instrument that applies to you. Visit
www.fairwork.gov.au or contact the Fair Work Infoline
on 13 13 94 for information on what award or enterprise
agreement applies to you.
Generally you will be employed either on a casual,
permanent part-time or full-time basis (refer to ‘What is
my employment status’, below).
You should remember that:
if your employment is subject to an award or an
enterprise agreement, you should ask your
employer for confirmation as to which award or
enterprise agreement applies to you (and if possible
obtain a copy)
if you are a new employee you must be provided
with an information statement concerning the terms
and conditions of your employment (the Fair Work
Information Statement)
it is unlawful for you to be forced into signing
any agreement.
2
Best Practice Guide
A guide for young workers
Minimum conditions
Under the Fair Work Act 2009 (FW Act) you are entitled
to the following 10 minimum entitlements, wherever
you work. Some of these 10 minimum entitlements do
not apply to casual employees. You can visit
www.fairwork.gov.au or call the Fair Work Infoline on
13 13 94 to find out more about your entitlements.
These minimum entitlements are called the National
Employment Standards (NES) and they are:
a maximum standard work ing week of 38 hours
(plus reasonable additional hours from time to time)
four weeks paid annual leave each year. Part-time
employees get a proportion of this depending
on how much they work
10 days paid personal/carer’s leave each year for
full-time employees. Part-time employees get a
proportion of this depending on how much they
work. Once this paid leave has been used up,
employees can take up to two days unpaid carer’s
leave per occasion
community service leave for certain community
service activities such as voluntary emergency
management activity, voluntary fire-fighting
or jury service
the right to accrue long service leave
eight prescribed public holidays each year, as well as
any additional public holidays prescribed by state
or territory law
a minimum amount of notice prior to termination
of the employment (or payment in lieu of notice)
provision of the Fair Work Information Statement
at the commencement of employment.
Where you have at least 12 months continuous service,
you are also entitled to:
make a written request for flexible working
arrangements if you:
- are the parent, or have responsibility for the
care, of a child who is of school age or
younger
- are a carer (within the meaning of the
Carer Recognition Act 2010)
- have a disability
- are 55 or older
- a re experiencing violence from a member of
your family or
- provide care or support to a member of your
immediate family or household, who requires
care or support because they are experiencing
violence from their family
A request for flexible working arrangements can only
be refused on reasonable business grounds.
Reasonable business grounds for refusing a request
from an employee may include, for example: the
cost of accommodating the request, capacity to
reorganise the work, practicality of the arrangement
or the impact on efficiency, productivity or customer
service of the business.
redundancy pay if your employment is terminated
by the employer because the employer no longer
requires your job to be done by anyone, or because
of the employer’s insolvency or bankruptcy.
The obligation to provide redundancy pay does
not generally apply to employers with less than
15 employees.
Some of these minimum entitlements do not apply to
casual employees. You can visit www.fairwork.gov.au
or contact the Fair Work Infoline on 13 13 94 for
more information.

a right to 12 months of unpaid parental leave after the

birth or adoption of a child (and the right to request to
extend this period by a further 12 months which can
only be refused on reasonable business grounds).

Reasonable business grounds for refusing a request from an employee may include, for example:

the effect on the workplace and the employer’s business of approving the request, including
the financial impact of doing so and the impact on efficiency, productivity and customer
service;

the inability to organise work among existing staff; and,

the inability to recruit a replacement employee or the practicality or otherwise of the

arrangements that may need to be put in place to accommodate the employee’s request.

Fair Work Ombudsman3


What is my employment status?
Generally, employees can be classified into the
following groups:
Full-time permanent employees
Full-time employees normally work 38 hours per week
(plus reasonable additional hours) and have an ongoing
contract of employment. As a full-time employee, you are
entitled to benefits such as sick leave, holiday pay, long
service leave and carer’s or other types of leave. You are
also entitled to a period of notice on termination in most
cases, and can usually access unfair dismissal laws once
you have completed the minimum employment period.
Part-time permanent employees
Part-time employees are engaged for less than full-
time hours but with similar entitlements to full-time
employees. If you work part-time you will most likely
receive an amount of annual leave and personal/carer’s
leave calculated according to the number of hours you
work each week.
Casual employees
If you are employed as a casual employee, you do not
normally have guaranteed hours of work each week and
may be called to work at short notice. Casuals are not
usually entitled to permanent employment entitlements,
such as sick leave and annual leave, and notice periods do
not apply to casuals upon termination of employment.
However, as a casual employee, you will normally be
paid a casual loading instead of getting the permanent
employee entitlements.
Fixed term employees
Fixed term employees are employed as full-time or part-
time employees for a specific period of time and have
a set date for the end of their employment. This can
include seasonal workers. For example, employees
engaged as full-time employees for a fixed term during
the ski season would be entitled to benefits such as
annual leave and sick leave.
If you are unsure about your employment status you
can visit www.fairwork.gov.au or contact the Fair Work
Infoline on 13 13 94 for more information.
4
Best Practice Guide
A guide for young workers
What do I have to do before starting work?
After you have accepted a position, and before you
commence working, your employer should ask you to:
complete a tax declaration form - if your employer
does not provide you with this form you can obtain
one from a post office or the Australian Taxation
Office, and
provide details for your employee records.
The details usually required are:
full name
residential address
phone number
emergency contact details
superannuation fund details
tax file number
bank details including your bank account number
your date of birth if you are under 21, so that your
employer can determine the date you may become
entitled to any applicable pay increases
your parent or guardian’s contact details if you
are under 18.
You should always try to keep these details up to date.
This will help to ensure that payments and any important
communications get to you as quickly as possible. It is
also very important in case of emergencies.
It is particularly important that you provide your
employer with your tax file number. If you do not provide
your employer with your tax file number you risk having
tax deducted at a higher rate.
Probationary or qualifying periods
So that you and your employer can decide whether
you can satisfactorily do a job, you may be subject
to a probationary or qualifying period when you
start employment.
You are always entitled to be paid your full rate of
pay for all the work you do during a probationary
or qualifying period.
Pre-employment medicals
An employer is entitled to know if you have a condition
that may affect your ability to work or a condition that
may require them to make some adjustments in the
workplace to protect your health and safety. However,
employers are not entitled to your full medical history.
If you sign an authorisation for an examining doctor,
be aware of what information this releases.
Getting paid!
Now, let’s talk about the major reason why most of us
are at work - to get paid! Your employer should pay
you at least the minimum rate shown in your award or
agreement. Depending on your age, you may be paid
a junior rate. Different rates apply for apprentices and
trainees. You may also be paid allowances for doing
certain tasks or loadings for working at certain times, such
as weekends, late nights or public holidays. You should be
paid for all of the hours you work, including:
team and individual meetings at the
employer’s request
opening and closing the business
training sessions, courses or days
travelling during work hours in association with
your employment

Unpaid trials compulsory attendance at a function.

Sometimes you might be asked or required to perform

work or undertake a trial to be evaluated for a vacant
position. This skill demonstration is used for the purposes
of determining your suitability for a job. It is often
referred to as a work trial.

A brief work trial can be legally unpaid if it is necessary to

evaluate your suitability for the job, and:

it involves no more than a demonstration of your

skills, where they are relevant to a vacant position

it is only for as long as needed to demonstrate the

skills required for the job. This will be dependent on
the nature and complexity of the work, but could
range from an hour to one shift

you are under direct supervision of the potential

employer (or other appropriate individual) for the
entire trial

Any period beyond what is reasonably required to

demonstrate the skills required for the job must be paid
at the appropriate minimum rate of pay. If an employer
wants to further assess your suitability, they could employ
you as a casual employee and/or for a probationary
period and pay you accordingly for all hours worked.

Fair Work Ombudsman5


You should be paid on a set day - usually weekly,
fortnightly or monthly. So that you know what you are
being paid for, you must also get a pay slip from your
employer within one day of being paid. Your pay slip
must include:
your name, your employer’s full name and Australian
Business Number (ABN)
date of payment of wages
pay period covered
date you were paid on
number of hours being paid for
ordinary and overtime rates and the amounts paid
at that rate
if you are paid an annual rate of pay, that rate as at
the last day in the pay period
all deductions made
details about superannuation
gross wages (the amount before tax) paid
net wages (the amount after tax) paid, and
allowances, loadings, penalty rates and other
amounts paid.
6
Best Practice Guide
A guide for young workers
Hours of work
Your hours of work will depend on the industry in which
you work and the award or agreement you work under.
There may be minimum hours that you will be required
to work. If you work hours outside of your agreed hours,
then you may be entitled to overtime.
Overtime and weekend penalty rates
If overtime or weekend work is required, you should be
aware of what conditions are offered. You should ask
your employer the following questions.
What counts as overtime in this job?
What will the rate of overtime pay be?
Should I be receiving penalty rates for working
overtime (such as time and a half or double time)?
Do penalty rates apply for weekend or late
night work?
Most awards and agreements set out penalty rates.
However, an employee may be able to negotiate with
their employer to have paid time off instead of getting
payment for overtime.
Breaks
You should check your award or agreement to find out
what rest breaks and meal breaks apply to you. Most
employees are entitled to at least a 30 minute unpaid
break after five hours work.
Public holidays
Generally, employees who are required to work on a
public holiday are entitled to be paid for that public
holiday with penalty rates. This may vary according
to your award or agreement.
You can say no to working on a public holiday if you have
reasonable grounds. Whether you can say no depends
on the type of work you do, whether you get extra pay
for working on public holidays, how much notice you
are given, your reasons for refusing or your personal
circumstances (including family responsibilities).
Superannuation
If you are 18 years of age or older, and you earn $450 or
more (before tax) in a calendar month, your employer
must make superannuation contributions on your behalf.
If you are under 18 years of age and you earn $450 or
more (before tax) in a calendar month and you work
more than 30 hours in a week, your employer must
make superannuation contributions on your behalf.
For more information on superannuation entitlements
you should contact the Australian Taxation Office’s
Superannuation Guarantee Hotline on 13 10 20.
Deductions from pay
An employer should not deduct any amount from your
wages unless required by law or you have agreed to it in
writing and the deduction is principally for your benefit.
If you are under 18, your parent or guardian must also
agree to the deduction in writing.
Union membership
You have the choice to join or not join a union. All
employees have the right to join the union that covers
their type of employment. Your union may:
assist in developing an award or agreement for your
sector or employer in order to improve your wages
and conditions
provide you with advice and assistance on how
to handle workplace negotiations on pay and
conditions, and
represent you in workplace issues.
Membership of a union is confidential and you do not
have to inform your employer or work colleagues. It is
against the law for a person to discriminate against you
because you are or are not a member of a union.
Harassment and discrimination
It is against the law for anyone to harass you or
discriminate against you at work or when you are seeking
work because of your sex, race, colour, sexual preference,
age, physical or mental disability, marital status, family
or carer’s responsibilities, pregnancy, religion, political
opinion, national extraction, social origin or because you
are temporarily absent from work because of an illness
or injury. It is also against the law for a worker to sexually
harass another in the workplace.
Fair Work Ombudsman7

If you believe you have been harassed or discriminated
against, you should contact:
the Fair Work Ombudsman
your employer or human resources manager
an equal opportunity officer or grievance officer
a union (if you are a member)
the Fair Work Commission, or
an equal opportunity or anti-discrimination body
in your state.
Bullying
It is against the law for a worker to be bullied in the
workplace. Bullying is behaviour or language that can
scare, degrade or humiliate somebody.
If you believe you have been bullied, you should contact
the workplace health and safety body in your state or
territory.
Workplace health and safety – don’t risk it!
Your employer has an obligation to ensure that you
have safe systems of work, safe equipment and proper
training. However, you also have an obligation to follow
appropriate workplace health and safety procedures. It
is important that you follow these procedures, because
the last thing you want to do is risk your own health and
safety or the safety of your workmates.
8
Best Practice Guide
A guide for young workers
If you find problems like faulty equipment, slippery floors
or a lack of safety gear, tell your employer immediately.
You should also tell your employer if you are unhappy
with your training and, if nothing happens, see your
workplace health and safety representative.
You must always:
follow safety procedures
report safety hazards
correctly wear safety gear, and
not put other people (including fellow workers)
at risk.
Always remember that working after drinking alcohol or
taking drugs is dangerous, especially if other people are
relying on you.
Finishing up or termination of employment
In most cases, you or your employer can end your
employment at any time by giving notice according to
your award or agreement. If you resign you should check
your award or agreement to determine how much notice
you must give your employer, otherwise your employer
can keep wages to cover the notice period. Generally, if
you are a casual employee your job may be terminated
at one hour’s notice.
Unless you are a casual, you should be paid out any
annual leave owing to you when your employment ends.
If the business changes so that your job no longer
exists then you may be offered another job or be
made redundant. If your employment contract has
finished (if you are a fixed-term employee), then
your employment ends.
If you are dismissed during the probation or qualifying
period in the first six months of your employment (or
the first 12 months of employment with a small business
employer) you cannot access unfair dismissal laws.
A small business employer is an employer with less
than 15 employees (based on a simple headcount)
at the time of the dismissal.
 Case study
If you are dismissed at any time during the probation
or qualifying period because of the fact that you
are entitled to a workplace right (for instance a right
to join a union) or your dismissal is for an unlawful
reason (such as discrimination) you have the right
to bring a claim to the Fair Work Commission or
lodge a complaint with the Australian Human Rights
Commission.
Once you have worked for a six month period for your
employer (or a 12 month period for a small business
employer), the law also protects you from being
unfairly dismissed from your employment.
Take all warnings from your employer seriously. If you
don’t do your job properly, you can be dismissed,
however you should be given a warning before any
dismissal (except in the case of serious misconduct).
Three warnings are not necessarily required.
If you are given a warning, remember to ask your
employer what you need to do to improve your
performance. Seek advice and request any work related
training that would help you to perform your duties
properly. You may want to consider taking a support
person with you to meetings about your performance.
You may be dismissed without notice if you have:
acted dishonestly (for instance, lying to your
employer)
refused to follow reasonable instructions from
your employer or person in charge, or
behaved so badly that instant dismissal is justified
(for instance, stealing or fighting).
You cannot be dismissed because of things like your
race, sex, age, physical or mental disability, sexual
preference, or for filing a complaint against your
employer for breaching a law.
The case study on the following page is a practical
example of a workplace issue.
A guide for young workers
Sharyn is 17 years old and has been employed at
Nathan Inc coffee shop for over a year. Nathan, the
store owner and manager, tells Sharyn that she needs
to be at work 15 minutes before the shop opens to
prepare the shop for customers. He also told Sharyn
that she would not be paid for the time before the
shop opened because it was “set up time” and not
“work time”.
Sharyn’s friend, Amira, works at a nearby bakery. Amira
is also required to be at work 15 minutes before the
shop opened to put the bread and cakes on display.
Amira tells Sharyn that she is paid for the time spent
putting the food on display and preparing the shop
for customers.
What do you think?
Should Sharyn have been paid for the time she was
required to prepare the shop for customers?
The answer
Yes. Sharyn was entitled to be paid for all time that she
worked. She could speak to the Fair Work Ombudsman
for assistance to get the money that Nathan owes her.
Sharyn explained to Nathan that she felt it was not fair
that she was not being paid for the full time that she
had worked. She also said that she was considering
making a complaint about her concerns. Nathan then
said: “Fine, well if you make a complaint, you’re sacked.”
Two days later, even before Sharyn had made the
complaint, Nathan sacked Sharyn.
Sharyn was very upset about being sacked and went
to the Fair Work Ombudsman to lodge a complaint.
Fair Work Ombudsman9

What do you think?
Could the employer do what he did in this case?
The answer
No. Sharyn was entitled to make a complaint to the Fair
Work Ombudsman about her employer’s actions. Nathan
was acting against the law by threatening to dismiss
Sharyn for making a complaint. Sharyn has a right under a
workplace law to make the complaint, and Nathan’s threat
to dismiss Sharyn, and his actual dismissal of Sharyn, are
both against the law. Penalties can apply to employers
who act like this. Also, if Sharyn had chosen to bring an
unfair dismissal claim before the Fair Work Commission,
she may have received compensation for any lost wages
and possibly also an order reinstating her back to her
position at the
coffee shop.
10
Best Practice Guide
A guide for young workers
Checklist for young workers and helpful hints
Although exciting, starting your first job or going into a
new industry can also be a challenge, so it is important
as a young worker to understand:
what your rights and entitlements are on issues
about your conditions of employment, rates of
pay, working hours, breaks and public holidays
what information you should have before you
accept a job
the things you should expect from your employer
in terms of the workplace environment (for example,
a workplace free from unlawful discrimination
and harassment)
your obligations in the workplace as to health and
safety and also your employer’s obligations
your right to join, or not join, a union
what happens when you are leaving a job.
For more information
Helpful hints Employment
Fair Work Ombudsman
keep a diary of days 13 13 94
and hours worked www.fairwork.gov.au
keep copies or records Termination of
of your employment employment
details, pay slips, Fair Work Commission
your agreement www.fwc.gov.au
or award and your
superannuation and
Tax or superannuation
tax documents Australian Tax Office
13 10 20
ask your employer www.ato.gov.au
questions if you are
unsure
Minimum age of
employment in your
take up any offers
state or territory
or opportunities for
Australian Capital Territory
additional training or
Office for Children, Youth
education within the and Family Support
workplace 13 34 27
www.dhcs.act.gov.au/ocyfs
remember there are
New South Wales Office
always Government
of Industrial Relations
contacts that can 13 16 28
help you if you get www.industrialrelations.nsw.
stuck. See the ‘For gov.au
more information’
Northern Territory
section at the end of Department of
this guide for a list of Education and Training
organisations that can (08) 8999 5659
help. www.det.nt.gov.au
Queensland Department of
Justice and Attorney-General
(07) 3225 2299
www.justice.qld.gov.au
SafeWork SA Anti-Discrimination
1300 365 255 Commission Queensland
www.safework.sa.gov.au 1300 130 670
www.adcq.qld.gov.au
Workplace Standards
Tasmania South Australian Equal
(03) 6233 7657 Opportunity Commission
www.wst.tas.gov.au (08) 8207 1977
www.eoc.sa.gov.au
Business Victoria
13 22 15 Tasmanian Office of the Anti-
www.business.vic.gov.au Discrimination Commissioner
(03) 6233 4841
Labour Relations www.antidiscrimination
– Western Australia .tas.gov.au
1300 655 266
www.commerce.wa. Western Australian Equal
gov.au/LabourRelations Opportunity Commission
(08) 9216 3900
www.eoc.wa.gov.au
Discrimination
Fair Work Ombudsman Victorian Equal Opportunity &
13 13 94 Human Rights Commission
www.fairwork.gov.au 1300 292 153
www.equalopportunity
Australian Human commission.vic.gov.au
Rights Commission
1300 369 711
www.humanrights.gov.au
Australian Capital Territory
Human Rights Commission
(02) 6205 2222
www.hrc.act.gov.au
New South Wales
Anti-Discrimination Board
(02) 9268 5544
www.lawlink.nsw.gov.au/adb
Northern Territory Anti-
Discrimination Commission
1800 813 846
www.adc.nt.gov.au
Fair Work Ombudsman11
For more information

Workplace health SafeWork SA Apprenticeships and

1300 365 255
and safety in your www.safework.sa.gov.au
traineeships
state or territory Australian Apprenticeships
ACT Work Safety WorkCover Tasmania 13 38 73
Commissioner (03) 6233 5343 (from outside Tas) www.australian
(02) 6205 0333 1300 776 572 (from within Tas) apprenticeships.gov.au
www.worksafety.act.gov.au www.workcover.tas.gov.au

WorkSafe Victoria Be MoneySmart

WorkCover NSW
13 10 50 1800 136 089 The Australian Securities and
www.workcover.nsw.gov.au www.workcover.vic.gov.au Investments Commission
(ASIC) have free
NT WorkSafe WorkSafe Western Australia Be MoneySmart online
1800 019 115 1300 307 877 training modules to help
www.worksafe.nt.gov.au www.commerce.wa.gov.au apprentices and VET school
/WorkSafe students manage their money
Queensland Workplace and learn skills that will help
Health and Safety them in the future.
1300 369 915
www.deir.qld.gov.au/ For more information refer to
workplace/index.htm their website at
www.moneysmart.gov.au/
teaching/teaching-resources/
teaching-resources-for-vet

Acronyms used in this guide

ABN Australian Business Number

NES National Employment Standards

FW Act Fair Work Act 2009

Disclaimer

The Fair Work Ombudsman is committed to providing you with advice that you can rely on.

The information contained in this Best Practice Guide is general in nature. If you are unsure about how it applies to your situation you
can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional.

Produced April 2015. FWOBPG4a.06.

© Commonwealth of Australia 2015

Fair Work Ombudsman

13 13 94
www.fairwork.gov.au